The Appellate Group

State v. Schroeder

State v. Schroeder, 2023 UT App 57 (Orme, J.)


Michael Schroeder was convicted of three protective order violations and one charge of criminal stalking after a series of incidents involving a woman named Samantha. Schroeder appealed these convictions, arguing that there was insufficient evidence to establish his guilt. The Utah Court of Appeals affirmed some convictions and reversed others, holding:

  • Sufficient evidence supported Schroeder’s convictions for violations of a protective order.
  • Insufficient evidence supported Schroeder’s stalking conviction, because that charge relied on only one instance of stalking and the stalking statute requires a “course of conduct” comprising two or more acts.
  • Practice Tip: A sufficiency of the evidence claim is effectively preserved by the nature of a bench trial and does not require making a specific motion post-trial.

Read the full court opinion